Land disposal consent for Inverurie, Aberdeenshire

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Land disposal consent for Inverurie, Aberdeenshire
Rob Plaskitt
Head of Access and Licensing
Telephone 020 7282 2072
E-mail [email protected]
24 February 2014
Company Secretary
Network Rail Infrastructure Limited
Kings Place
90 York Way
London
N1 9AG
Network licence condition 7 (land disposal):
Freight yard and car park at Inverurie station, Aberdeenshire
Decision
1.
On 9 January 2014, Network Rail gave notice of its intention to dispose of
land comprising Inverurie freight yard and Inverurie station car park (the land) in
accordance with condition 7.2 of its network licence. The land is described in more
detail in the notice (copy attached).
2.
We have considered the information supplied by Network Rail including the
responses received from third parties you have consulted. For the purposes of
condition 7 of Network Rail’s network licence, ORR consents to the disposal of the
land in accordance with the particulars set out in Network Rail’s notice but subject to
the condition that prior to the disposal of land, Network Rail notifies ORR that the
land has been removed from the list of strategic freight sites either by agreement
pursuant to paragraph 4, or by the ruling of an arbitrator pursuant to paragraph 5, of
Schedule 7 to the Supplemental Agreement for leases, site demarcations,
connection agreements and BRT easements between British Railways Board and
Railtrack PLC made 1 April 1994 pursuant to the Railtrack Transfer Scheme.
Reasons for decision
3.
We are satisfied that Network Rail has consulted all relevant stakeholders
with current information. We note that:
•
the proposed disposal would not affect adversely existing or future
passenger railway operations;
•
the scheme is backed by Aberdeenshire Council and will bring benefits for
passengers by creating an enhanced transport interchange with improved
vehicular access. It will increase current car parking capacity by some 50%,
with the potential for further capacity through additional decking;
•
the scheme will increase accessibility for passengers;
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•
Network Rail has not yet completed the Station Change procedure but must
do so prior to its disposal of the car park since that facility is within First
ScotRail’s station lease;
•
Network Rail has stated that it completed the Network Change procedure to
close the Inverurie freight yard;
•
the disposal will necessitate the de-listing of Inverurie freight yard from the
supplementary strategic freight site list 1. Network Rail must do this before
development can proceed. Should there be disagreement regarding the delisting an arbitrator can be appointed to resolve the issue.
4.
Some concerns on alternative freight sites were raised by Direct Rail
Services and DB Schenker in particular, and Network Rail did not close out the
latter’s uncertainty. For clarity we have attached a condition to our consent which
requires Network Rail to ensure that the supplementary strategic freight site is delisted prior to disposal. This should mean that the concerns over the potential
accommodation of freight business are addressed through the mechanism
established for these purposes, before the land is sold.
5.
We have had regard to our decision criteria in Land disposal by Network Rail:
the regulatory arrangements, December 2013, 2 and balanced our section 4 duties
under the Railways Act 1993. In doing so, we have given particular weight to our
duty to exercise our functions in a manner which we consider best calculated to
“protect the interests of users of railway services” (section 4(1)(a), referred to in
paragraph 3.5(a)(ii) of the decision criteria).
6.
Based on all the evidence we have received and taking into account all of the
material views and facts relevant to our consideration under condition 7 of
Network Rail’s network licence, we have concluded that the proposed disposal is not
against the interests of users of railway services and that our conditioned consent
should be granted.
Rob Plaskitt
1
Strategic freight sites are sites that were identified during privatisation as important for future freight use by the
rail freight business. They are not currently in use and may or may not have rail connections.
2
Available from our website here.
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Annex A: Notice given by Network Rail to ORR on 9 January 2014
Proposed Property Disposal
Application by Network Rail Infrastructure Limited to dispose of land in accordance
with the Land Disposal Condition of the Network Licence
1. Site
Site location and description
INVERURIE, ABERDEENSHIRE.
Proposed disposal of Inverurie Freight Yard and I nverurie
Station Car Park to Aberdeenshire Council for the
construction of a new inner relief road and i mproved
transport interchange.
It is proposed that the land required for the inner relief road
is sold to the Council. The land required for the transport
interchange will be let to the Council on a long lease.
The town of Inverurie is located some sixteen miles north west of
Aberdeen just off the A96 Aberdeen to Inverness trunk road.
The station is situated within the town centre adjacent to Inverurie
Freight Yard. The yard separates the station from the town
centre.
The station car park is included within the station lease to First
ScotRail. There are currently 104 designated parking spaces
within the station car park. Passengers are not charged for their
use.
The freight yard extends to approximately 4.88 acres (1.97 ha)
and is roughly triangular in shape. The yard is served by several
sidings and is clear of buildings except for one workshop building
that will shortly be demolished due to its unsafe condition.
The yard is currently designated a Supplementary Strategic
Freight Site.
Plans attached:
(all site plans should be in
JPEG format, numbered and
should clearly show the sites
location approximate to the
railway)
Three plans are attached as follows:
Plan no. 1 - Ownership and Land Use
The freight yard recommended for disposal is shown shaded dark
green.
The station lease area is shaded red.
Plan no 2 – Disposal Area
The area proposed for sale is shaded in blue and extends to
approximately 5762 sq m.
The area proposed for the long lease is edged in blue and
extends to approximately 11,735 sq m
Total disposal site area (sale and long lease) is approximately
4.32 acres
Plan no 3 – Inner Relief Road and Transport Interchange
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The plan shows the indicative layout subject to agreement on
interchange design with Network Rail and First ScotRail.
Clearance Ref:
Network Rail internal Clearance (ref CR/13913) has been granted
for the disposal of the site.
Project No.
S01224
Ordnance survey
coordinates
377438, 822018
Photographs (as required)
2. Proposal
Type of disposal (i.e. lease /
freehold sale)
The land required for the inner relief road will be disposed of by
freehold sale to Aberdeenshire Council.
It is proposed that land required for the transport interchange and
public car park will be disposed of on a long lease to
Aberdeenshire Council.
Proposed party taking
disposal
Aberdeenshire Council.
Proposed use / scheme
Construction of a new inner relief road and enhanced transport
interchange (including new passenger car park) at station.
Access arrangements to /
from the disposal land
The construction of the road and interchange will necessitate a
reconfiguration of the vehicular access to the station. Network
Rail will retain rights of access over the areas disposed of both
during and after construction to ensure that there is no disruption
of access to the train station.
Replacement rail facilities
(if appropriate)
Freight Facilities.
Inverurie Freight Yard is designated a Supplementary Strategic
Freight Site. It was discussed and agreed at the Network Rail
Strategic Freight Sites Meeting on 19th March 2013 that existing
freight sites at Huntly and Montrose are designated as
Supplementary Strategic Freight Sites in replacement for the loss
of Inverurie.
Additional information for both sites is as follows:
Huntly
The town of Huntly is located twenty three miles north of
Inverurie. Huntly Freight Yard extends to approximately 4.7 acres
and is located on the outskirts of the town with good access to
the A96.The site is currently let to on a Freight Terminal lease to
DB Schenker who has agreed
(subject to conditions) to
surrender their leasehold interest.
Montrose
Montrose is located fifty four miles from Inverurie and is south of
Aberdeen. Montrose yard extends to approximately 4.89 acres
and is located adjacent to Montrose train station and the A92
trunk road. The site is currently let on a Let Sidings lease to DB
Schenker who has agreed (subject to conditions) to surrender
their leasehold interest.
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Station Car Park.
The existing station car park has 104 designated parking spaces.
There is no charge for the car parking and no control to prohibit
its use by non rail passengers.
Aberdeenshire Council proposes to construct a new transport
interchange that will include an improved vehicular access and
additional car parking facilities. The number of new spaces has
yet to be determined although it is anticipated to be at least a
50% increase on current numbers. The design of the car park is
to be such that a multi storey car park could be constructed upon
it at some future date if required and funding is available.
Anticipated Rail benefits
Aberdeenshire Council proposes to construct a new inner relief
road that will necessitate reconfiguration of the road network
within the town centre including access to the train station.
This will greatly improve station accessibility.
The Council also proposes to construct a new transport
interchange. This will include increased car parking by at least
50%.
The transport interchange will be managed by Aberdeenshire
Council. This will relieve The TOC (currently First ScotRail) of a
maintenance liability.
Redevelopment of the freight site will relieve Network Rail of a
safety and maintenance liability within the town centre.
Anticipated Non-rail benefits
The inner relief road will substantially improve traffic management
within Inverurie town centre.
The freight site is a derelict brownfield site and its redevelopment
will improve the general amenity of the town centre.
3. Timescales
Comments on timescales
It is anticipated that the disposal will complete by March 2015.
4. Railway Related Issues
History of railway related use
Freight Yard
The freight yard has had no regular freight traffic since 2004.
Previous freight traffic from the yard was as follows:




1984 to 1990 – seed potatoes (seasonal) dispatched to
English destinations, predominantly East Anglia although
some export with TRANSFESA wagons to Iberian
destinations via train ferry. Agricultural lime inbound from
England (seasonal). Timber dispatched to England. Steel
plates and sections inbound for North Sea Oil fabricators.
Steel pipes inbound for North Sea Oil fabricators.
1990 to 1999 – Agricultural lime inbound (seasonal) and
occasional timber loads outbound.
1999 to 2004 - Agricultural lime inbound (seasonal) and
daily timber loads outbound to Irvine (Caledonian Paper)
and KRONOSPAN (Chirk and Shotton).
2004 to date – no regular revenue freight traffic.
The operator from 1994 to 1995 / 96 was TRANSRAIL freight,
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from 1996 to 2007 was EWS and subsequently DB Schenker.
Station Car Park
The station car park has been used as such for a considerable
period of time.
When last used for railway
related purposes.
The station car park remains in use.
Any railway proposals
affecting the site since that
last relative use
None.
Impact on current railway
related proposals
Potential for future railway
related use
The freight yard has seen no regular freight traffic since timber
traffic ceased in 2004.
None.
Freight Yard
● There has been no regular freight traffic from Inverurie since
2004.
● Network Rail has discussed the proposed disposal of Inverurie
with several Freight Operating Companies (DB Schenker, GB
Railfreight, Freightliner and DRS) and none has so far indicated
any potential freight traffic that specifically requires Inverurie and
cannot be accommodated at freight yards elsewhere in North
East Scotland.
● The Strategic Transport Projects Review (2009) states the
following:
“With the exception of Elgin and the soon to be completed Raiths
Farm terminal in Dyce, there are no other rail freight facilities
currently in regular use on this corridor, although facilities do exist
at Inverurie, Huntly and Keith. However, improvements have
been completed on the Mossend to Elgin freight route, which will
increase rail use for this section”.
● Nestrans (the Regional Transport Partnership for the North
East of Scotland) is responsible for the delivery of a long term
regional transport strategy for North East Scotland. Nestrans
supports the proposal for the new transport interchange and is
aware that this can only be achieved if the freight yard is
relinquished.
● North East Freight Forum. The North East Freight Forum
consists of a number of local hauliers and businesses and is
supported by officers from both local authorities and Nestrans.
The Forum, in conjunction with Transport Scotland, recently ran a
seminar on rail freight in the North East. There were no adverse
comments from the freight industry regarding plans for Inverurie.
Station Car Park
There will continue to be a requirement for public car parking
available to rail users. The proposed disposal of the station car
park on a long lease will not diminish the availability of car
parking for rail users but will increase the amenity of the car
parking available in terms of number of allocated spaces and
improved accessibility.
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Any closure or station
change or network change
related issues.
Freight Yard
Network Change consultation for the permanent closure of
Inverurie Freight Yard was completed without any objection,
comment or query on 15th March 2011. It was specified within
this change proposal that the shunter’s panel controlling Raiths
Farm Freight Yard (ten miles south of Inverurie) would be
relocated to Dyce signal Box.
The potential cost of this work has been investigated and it is now
considered to be unaffordable within the scope of the proposed
scheme. Therefore it is no longer proposed and as a
consequence Network Rail undertook a further Network Change
advising that the shunters panel at Raiths Farm would remain.
This Network Change completed without objection on 3rd June
2013.
Station Car Park
The station car park is currently within the station lease and
Station Change and minor modification will have to be concluded
to amend the lease boundary and reflect the amended station
access arrangements.
Whether disposal affects any
railway (including train
operator) related access
needs, and how these are to
be addressed in future
Position as regards safety /
operational issues on
severance of land from
railway.
The construction of the road and interchange will necessitate a
reconfiguration of the vehicular access to the station. Network
Rail will retain rights of access over the areas disposed of both
during and after construction to ensure that there is no disruption
of access to the train station.
1. The disposal includes arrangements under which
Aberdeenshire Council will install new boundary fencing along
the railway boundary.
2. The disposal is on a basis under which Network Rail has had
due regard (where applicable) to impact of the disposal on
lineside works, including railway troughing, signalling and
their maintenance. The disposal is without prejudice to
Network Rail’s safety obligations, with which Network Rail will
continue to comply. Network Rail’s network licence requires
compliance with Railway Group Standards. These set out
requirements for – amongst other things – fencing, access
and signal sighting. In addition, the Railways and Other
Guided Transport Systems (Safety) Regulations 2006 require
Network Rail to have a safety management system and safety
authorisation in respect of its mainline railway system and its
railway infrastructure. These, in turn, require Network Rail to
comply with Railway Group Standards as well as its own
internal standards; and also continually to monitor changes to
the risks arising from its operations and to introduce new
control measures as appropriate.
5. Planning History and Land Contamination
Planning permissions / Local
Planning Permission
Plan allocation (if applicable)
The disposal to Aberdeenshire Council will be subject to the
grant of suitable planning permission. The Council will be
responsible for obtaining all consents necessary.
Local Plan Allocation
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Within the new Aberdeenshire Local Development Plan the
freight yard falls within the identified Inverurie Town Centre.
The site also falls within a wider area zoned Site M2 allocated for
mixed use where development will include: up to 150 houses,
employment (0.5ha), community facilities and a variety of retail
including a potential edge of town centre retail facility.
This area includes protected land requirements for an inner relief
road and transport interchange.
Contamination /
Environmental Issues (if
applicable)
No site specific contamination survey or investigation has yet
been undertaken. It is however assumed that the yard is
contaminated due to its history of rail use.
6. Consultations
Railway (internal – Network Network Rail internal Clearance (ref CR/13913) has been granted
Rail)
for the disposal of the site.
Analysis of any unresolved
objections together with
recommendation by Network
Rail as regards a way
forward
There are no unresolved objections to the disposal.
DB Schenker has commented: “DB Schenker regards this
proposal as part of a package which has to be considered as a
whole, so we cannot yet give a final view on this element of it until
all other aspects are concluded”.
This relates to the proposed surrender of DB Schenker leasehold
interests in Huntly and Montrose so that they can be designated
supplementary strategic freight sites. It does not relate to whether
there is any rail freight potential at Inverurie, DB Schenker having
surrendered their long leasehold interest in Inverurie in December
2010.
DB Schenker have agreed to surrender their leasehold interests
in both Huntly and Montrose but on two conditions:
Firstly that Network Rail surrenders its long leasehold interest in
part of the DB Schenker owned Muirton Yard in Perth. The whole
yard extends to 14.814 ha (36.6 acres) or thereby. The site is rail
connected albeit only a single siding remains. The NR leased
area extends to 1.63 ha (4.046 acres) or thereby. DB Schenker
proposes to sell this site for residential development. NR has
commenced but not yet concluded industry consultation on the
proposed surrender of the NR long leasehold interest.
Secondly that Network Rail sells to DB Schenker a strip of land
adjoining the DB Schenker former TMD site in Ayr. DB Schenker
proposes to sell their site for residential development. Network
Rail has concluded industry consultation on this disposal and will
shortly be making application to the ORR for disposal consent.
The conditions have been stated outside this disposal
consultation and Network Rail does not consider that this is an
objection based upon a need to retain Inverurie for a rail related
purpose.
Names & Email Addresses:
Aberdeenshire Council is the promoter of the scheme that
necessitated the proposed land disposal.
Contact:
@aberdeenshire.gov.uk
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Local Transport Authorities:
North East of Scotland Transport Partnership (Nestrans) is the
Regional Transport Partnership for the North East of Scotland.
Nestrans support the proposal for the disposal of Inverurie
Freight Yard and Aberdeenshire Council’s proposals for a new
inner relief road and transport interchange.
Contact:
@nestrans.org.uk
Other
Relevant
Authorities:
Local None
8. Declaration
Declaration of Surveyor:
I have read and understood Network Rail’s Code of Business
Ethics and Policy on Interests in Transactions.
Declaration of Property I have read and understood Network Rail’s Code of Business
Development Manager:
Ethics and Policy on Interests in Transactions.
9. Internal Approval
Surveyor Name:
Date Approved by
5 November 2013
Approved
by
Principal
Development Manager
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PROPOSED LAND DISPOSAL CONSULTATION REPORT
relating to
APPLICATION BY NETWORK RAIL INFRASTRUCTURE LIMITED FOR REGULATORY CONSENT
UNDER THE LAND DISPOSAL CONDITION OF ITS NETWORK LICENCE
This report is provided as a supplement to our forms for the proposed disposal of land at:
Property: INVERURIE, ABERDEENSHIRE
We have consulted in relation to this evaluation, and summarise the results of this as
follows:
Summary of position regarding responses:
Consultation commenced on 14th May and consultees were asked to respond by 11th June.
Twenty seven organizations were consulted. Twenty five responses were received. Copies
of responses received are included within the Consultation Report. No response was
received from either Grand Central Railway Company or Northern Rail. Several reminders
were sent to both of them on 28th February May, 10th June, 19th June and 12th August.
There were no objections to the disposal. Comments were however made on two issues,
the design and management of the transport interchange and the designation of an
alternative Supplementary Strategic Freight Site. Particular responses on these issues are
set out below:
Interchange Design
Transport Scotland stated: “We would ask that Network Rail engage with all relevant
stakeholders on the design, funding opportunities and on-going management of the car
park to ensure that potential benefits for rail users are secured.”
The exact design of the Transport Interchange layout has yet to be agreed and no disposal
will take place until First ScotRail have confirmed their agreement to the layout and
management regime for the car parks use. The funding opportunity referred to relates to
the Scottish Stations Fund that is available through Transport Scotland. Network Rail is coordinating liaison between Transport Scotland and Aberdeenshire Council to explore
whether any additional funding is available to enhance the scope of the interchange
proposal for the benefit if rail passengers.
Supplementary Strategic Freight Site
There were no objections received from any of the Freight Operating Companies (FOC’s)
or any indication that Inverurie Freight Yard had any foreseeable rail freight potential.
Responses from the FOC’s related to the status of Inverurie as a Supplementary Strategic
Freight Site and the requirement for alternative freight yards at Huntly and Montrose to be
designated as Supplementary Strategic Freight Sites in substitution. DB Schenker has
agreed to surrender the long leasehold interests it has in both Huntly and Montrose.
Copies of responses from the FOC’s on this matter are set out in the Consultation Report.
Additional Consultation
On 24th July 2013 all consultees were advised on the following additional information
relating to Huntly and Montrose and asked to confirm that the additional information did not
change their response:
1) NR proposes to undertake Short Term Network Change to temporarily close both
Huntly and Montrose once DB Schenker have surrendered their leasehold interest.
This is proposed on safety grounds as the yards are currently not fit for immediate
use.
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2) It will be necessary for any freight operating company wishing to bring either site
back into use to fund any work required to reinstate the mainline connection and
bring the track and/or rail infrastructure within the yard into working order.
This resulted in both Freightliner and Direct Rail Services withdrawing their earlier consent
to the disposal. Subsequently Network Rail was able to confirm that the main line
connections into both Huntly and Montrose were regularly maintained by Network Rail. On
the basis of this re-assurance both Freightliner and DRS withdrew their objection. No other
objections were received.
Although there were no unresolved objections to the disposal, DB Schenker has
commented: “DB Schenker regards this proposal as part of a package which has to be
considered as a whole, so we cannot yet give a final view on this element of it until all other
aspects are concluded”.
This relates to the proposed surrender of DB Schenker leasehold interests in Huntly and
Montrose so that they can be designated Supplementary Strategic Freight Sites. It does not
relate to whether there is any rail freight potential at Inverurie, DB Schenker having
surrendered their long leasehold interest in Inverurie in December 2010.
DB Schenker have agreed to surrender their leasehold interests in both Huntly and
Montrose but on two conditions:
Firstly that Network Rail surrenders its long leasehold interest in part of the DB Schenker
owned Muirton Yard in Perth. The whole yard extends to 14.814 ha (36.6 acres) or thereby.
The site is rail connected albeit only a single siding remains. The NR leased area extends
to 1.63 ha (4.046 acres) or thereby. DB Schenker proposes to sell this site for residential
development. NR has commenced but not yet concluded industry consultation on the
proposed surrender of the NR long leasehold interest.
Secondly that Network Rail sells to DB Schenker a strip of land adjoining the DB Schenker
former TMD site in Ayr. DB Schenker proposes to sell their site for residential development.
Network Rail has concluded industry consultation on this disposal and will shortly be
making application to the ORR for disposal consent.
The conditions have been stated outside this disposal consultation and Network Rail does
not consider that this is an objection based upon a need to retain Inverurie for a rail related
purpose.
The full list of external consultees is set out below:
No.
External
party (name)
Whether
response
received (y/n)
Date of
response
1
Transport
Scotland
Initial
consultation: Y
20/6/2013
Additional
consultation: Y
2
3
18/9/2013
Strathclyde
Partnership
for
Transport
Initial
consultation: Y
15/5/2013
Additional
consultation: Y
1/10/13
Arriva
Initial
20/5/2013
Details of response(e.g. “no
comment”), with reference to
any accompanying copy
representation in annexes to
this report
Comments(e.g. as
regards endeavours
to obtain response
where none given)
“Transport Scotland is content
with the land disposal by
Network Rail …”
“no objection”
“no comment”.
“no comment”
“ no objection “
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No.
4
5
6
7
8
External
party (name)
Whether
response
received (y/n)
Trains
Cross
Country
consultation: Y
Additional
consultation: Y
24/7/2013
C2c Rail Ltd
Initial
consultation: Y
18/5/2013
Additional
consultation: Y
24/7/2013
Initial
consultation: Y
14/5/2013
Additional
consultation: Y
24/7/2013
Initial
consultation: Y
10/6/2013
Additional
consultation: Y
9/8/2013
Initial
consultation: Y
14/5/2013
“no comment”
Additional
consultation: Y
24/7/2013
“no comment”
Initial
consultation: Y
10/6/2013
“no concerns or objections”
Chiltern
Railway
Company
Ltd
Eurostar
International
Ltd
First Great
Western Ltd
First
ScotRail Ltd
Date of
response
Details of response(e.g. “no
comment”), with reference to
any accompanying copy
representation in annexes to
this report
“no change
response”
to
XC
Comments(e.g. as
regards endeavours
to obtain response
where none given)
Trains
“no objection “
“this additional information does
not change our response”
“ no comment”
“no comment”
“No issue for EIL”.
“No issue for EIL”.
Additional
consultation: N
9
10
11
Grand
Central
Railway
Company
Ltd
Initial
consultation: N
London &
South
Eastern
Railway Ltd
Initial
consultation: Y
23/5/2013
Additional
consultation: Y
24/7/2013
Northern
Rail Ltd
Initial
consultation: No
Reminders were sent
th
th
on 28 May, 10 June,
th
th
June and 12
19
August.
Additional
consultation: N
“ no comment “
“this does not affect our earlier
response”
Reminders were sent
th
th
on 28 May, 10 June,
th
th
19 June and 12
August.
Additional
consultation: N
12
COLAS
Initial
28/5/2013
“No objection”
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No.
External
party (name)
Whether
response
received (y/n)
Freight
consultation: Y
Date of
response
Details of response(e.g. “no
comment”), with reference to
any accompanying copy
representation in annexes to
this report
Comments(e.g. as
regards endeavours
to obtain response
where none given)
Additional
consultation: N
13
14
Direct Rail
Services Ltd
DB
Schenker
“no objections”
Initial
consultation: Y
4/6/2013
Additional
consultation: Y
15/8/2013
Initial
consultation: Y
Additional
consultation:Y
“no objections”
11/6/2013
21/8/2013
On the basis of the additional
consultation DRS initially
objected but have since
withdrawn this objection. The full
correspondence is included in
Annex 1.
“ no objection….subject to NR
completing other linked
processes including identifying
and seeking rail freight industry
approval for replacement
Strategic Freight Site facilities”
“…. DB Schenker regards this
proposal as part of a package …
we cannot yet give a final view
…until all other aspects are
concluded”.
A copy of the full DBS response
is contained in Annex 1.
15
Captrain UK
Initial
consultation: Y
10/6/2013
“ no comments”
Additional
consultation: N
16
17
Freight
Transport
Association
Initial
consultation: Y
Freightliner
Ltd
Initial
consultation: Y
GB
Railfreight
Ltd
“ no comment”
Additional
consultation: N
Additional
consultation: Y
18
29/5/2013
Initial
consultation: Y
15/5/2013
23/8/2013
17/5/2013
“ no objections to this proposal,
in view of the agreed
replacement sites at Montrose
and Huntly”.
“no objection”
“no objection to the proposed
land disposal at Inverurie as
detailed in your email and
attachments
of
14/05/13,
SUBJECT to any agreement or
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No.
External
party (name)
Whether
response
received (y/n)
Date of
response
Rail Freight
Group
See Annex 1 for copy of NR
response.
Initial
consultation: Y
14/5/2013
Additional
consultation: Y
20
21
22
23
“on the basis of the replacement
Supplementary strategic freight
sites being established we do
not have any objection”
“fine with us”
28/7/2013
See
Annex
1
correspondence.
Initial
consultation: Y
W.H.Malcol
m
Initial
consultation: Y
15/5/2013
Additional
consultation: Y
25/7/2013
Initial
consultation: Y
10/6/2013
“no objection”
Additional
consultation: Y
8/8/2013
“no objection”
Initial
consultation: Y
31/5/2013
Additional
consultation:Y
2/8/2013
British
Transport
Police
20/6/2013
for
full
“no comments”
West Coast
Railway
Company
Association
of
Community
Rail
Partnership
s
Comments(e.g. as
regards endeavours
to obtain response
where none given)
conditions imposed by the NRIL
/ Industry Group (10% club) that
deals with the disposal or
alteration of Strategic Freight
Sites”.
Additional
consultation: N
19
Details of response(e.g. “no
comment”), with reference to
any accompanying copy
representation in annexes to
this report
Additional
consultation: N
“ no objection”
“no objection”
“No issue for us”.
“..no immediate concerns..”
Please see Annex 1 for full
response.
24
25
DP World
Passenger
Focus
Initial
consultation: Y
14/5/2013
Additional
consultation: Y
24/7/2013
Initial
consultation:
24/5/2013
“No Comment”.
“still no comment”
Y
“Passengers will expect that the
sale particulars require that the
works cause the least possible
disruption to station users.
Page 17 of 27
8927112 8927112
No.
External
party (name)
Whether
response
received (y/n)
Date of
response
Details of response(e.g. “no
comment”), with reference to
any accompanying copy
representation in annexes to
this report
Comments(e.g. as
regards endeavours
to obtain response
where none given)
When complete the proposed
works will greatly improve
accessibility for passengers;
Passenger Focus therefore does
not object to the proposal”.
Additional
consultation: Y
A copy of the full Passenger
Focus response is included
within Annex 1.
30/8/2013
still “no objection”.
26
Aberdeensh
ire Council
Initial
consultation: Y
Additional
consultation: Y
27
NESTRANS
Initial
consultation: Y
10/6/2013
“ no concerns or objection “
24/7/2013
“this does not change
Aberdeenshire Council's
response”.
4/6/2013
“In conclusion, Nestrans would
therefore support the disposal of
the former freight yard and
support the development as
proposed”.
A copy of the full NESTRANS
response is included within
Annex 1.
Additional
consultation: Y
24/7/2013
“We are still content with our
previous response”.
Copies of responses are given in the annexes to this report, as indicated above.
A copy of the consultation request (before customisation for any individuals) is given in
Annex 2.
Page 18 of 27
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Annex 1 - Consultee Responses
1) Transport Scotland
Response date: 20/6/2013
With apologies for the delay, please see Transport Scotland response to the original
consultation below–
Transport Scotland is content with the land disposal by Network Rail at Inverurie to
Aberdeenshire Council. We would ask that Network Rail engage with all relevant
stakeholders on the design, funding opportunities and on-going management of the car park
to ensure that potential benefits for rail users are secured.
Rail
Strategy
Team|Transport
Scotland
Transport Scotland, the national transport agency
|For
agency
and
travel
information
visit
our
website
Network Rail subsequently arranged a meeting on 20th August 2013 attended by
Aberdeenshire Council, First ScotRail and Transport Scotland. The purpose of the meeting
was to consider the design layout of the car park and whether any opportunities existed to
improve the car park facilities proposed perhaps by securing additional scheme funding from
the Scottish Station Fund.
Response to Additional Consultation. Date: 18/9/2013
I can confirm on behalf of Transport Scotland that we have no objection to the
proposed disposal of Inverurie Yard in light of the new information. I also understand
that options are being taken forward with Network Rail, Transport Scotland and other
stakeholders in relation to the car parking issue.
Regards
2) Strathclyde Partnership for Transport
Response date: 15/5/2013
As this is outside the SPT area, I have no comment.
Regards
Response to Additional Consultation. Date: 1/10/2013
No comment.
3) Arriva Trains Cross Country
Response date: 20/5/2013
XC Trains has no objection to this proposal.
Regards
Response to Additional Consultation. Date: 24/7/2013
There is no change to XC Trains response.
Regards
CrossCountry
4) C2c Rail Ltd
Response date: 18/5/2013
On behalf of c2c Rail Limited, I confirm that we have no objection to this proposed disposal.
Response to Additional Consultation. Date: 24/7/2013
I confirm that this additional information does not change our response to this consultation.
c2c Rail Limited
5) Chiltern Railway Company Ltd
Response date: 14/5/2013
I have no comment to make on behalf of Chiltern Railways concerning this proposal.
Regards
CONFIDENTIAL
Response to Additional Consultation. Date: 24/7/2013
I have no comment to make on behalf of Chiltern Railways concerning this proposal.
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Regards
6) Eurostar International Ltd
Response date: 10/6/2013
Dear
No issue for EIL.
Regards,
Eurostar International Limited
Response to Additional Consultation. Date: 9/8/2013
Dear
No issue for EIL.
Regards,
Eurostar International Limited
7) First Great Western Ltd
Response date: 14/5/2013
Hello
We have no comment thank you.
First Great Western
3rd Floor | Milford House | 1 Milford St | Swindon SN1 1HL
e: @firstgroup.com | m:
Response to Additional Consultation. Date: 24/7/2013
Good morning
We have no comment thank you.
8) First ScotRail Ltd
Response date: 10/6/2013
Just to confirm that on behalf of ScotRail we have no concerns or objections to this proposal.
regards
Response to Additional Consultation. Date:
9) Grand Central Railway Company
No response received.
Response to Additional Consultation. Date:
10) London & South Eastern Railway Ltd – Shona Nettlingham
Response date: 23/5/2013
Southeastern have no comment on this proposal
Regards
Response to Additional Consultation. Date: 24/7/2013
I can confirm this does not affect our earlier response
Regards
11) Northern Rail Ltd
No response received
Response to Additional Consltation. Date:
12) COLAS Freight
Response date: 28/5/2013
No objection
Kind regards
Response to Additional Consltation. Date:
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13) Direct Rail Services Ltd
Response date: 4/6/2013
Direct Rail Services have no objections to the proposed land disposal at Inverurie, Aberdeenshire
however, we would be interested to know in the name of transparency if there was any financial
incentive or otherwise for DB Schenker to surrender their leasehold interests at said locations of
Huntly and Montrose and if this is the case or could be in future proposals, be identified through the
disposal process?
Regards
Response to Additional Consultation. Date: 26/7/2013
Unfortunately this latest piece of information does change the DRS view on the Inverurie proposal in
that we would now rescind our ‘no objection’ to a stance of objection on the following grounds;
It would appear that there has been in this particular instance and in the strategic freight sites
overall, a complete lack of transparency.
With respect to Montrose and Huntly and in general, my understanding is that there is no legal
obligation on a lessee to maintain yard infrastructure or part thereof on the cessation of operational
use but as part of the lease contract there would be a connection agreement/charge in order to
maintain the mainline connection.
I am not aware that there is any leeway similar to yard infrastructure for a lessee or NWR to allow a
mainline connection to fall into a state of disrepair whilst still under lease, with NWR as the default
until network change is consulted.
You mention the mainline connections being reinstated, does this mean that the connections are
currently out of use and or network change has been consulted regarding disconnection at these
locations (I do not have this information)?
If my understanding of the aforesaid is correct then I believe that NWR/DBS must be responsible for
ensuring that the mainline connections are fit for operational use notwithstanding previous network
change which I am not aware of.
On a wider perspective you may be aware that I have been banging the drum for a complete and
practical review of the SSF and SSFS lists with a view to a win win situation for NWR and the
operators and whilst I appreciate that some have their eye on the financial gains to be had, which is
fine however, I find that I am at odds with the term ‘strategic freight sites’ which on my
understanding seems to imply more impetus on the financial gains as opposed to the operational
gains to the freight industry going forward.
I do not believe that it would be that difficult to split out.
Not aiming this at you xxxx but as said I have asked for a review a couple of times and others have
supported this with no response from NWR and with this particular scenario in mind I now feel that
it is time to crank it up a few notches.
Regards
NR response date: 26/7/2013
Thanks for the reply and I can appreciate the reasons for DRS changing their response.
Please be assured that there is no deliberate ‘lack of transparency’ and what we are seeking to
achieve through the release of Inverurie is not driven by financial gains. We are genuinely trying to
support Aberdeenshire Council in their aspiration to construct an inner relief road and enhanced
transport interchange at Inverurie Station.
I have since been advised that it is not the mainline connection but the condition of the track within the
yard itself that is potentially a concern. As a precautionary measure we would propose the Short Term
Network Change to temporarily close the yards. Once I became aware of this I thought it fair that
advised consultees of this.
I will forward your response to Steve Irvin and Guy Bates who will be able to respond on your request
for a complete review of the SFS and SSFS lists.
Regards
DRS response date: 26/7/2013
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Appreciate your response, could you please confirm that the connections at Montrose and Huntly
are being maintained and that if short term network change temporarily closes the yards that the
connections will not be removed under network optimisation?
Regards
NR response date: 14/8/2013
I have received confirmation from our track maintenance engineers that the mainline connections into
both Huntly and Montrose are regularly maintained by Network Rail.
I can also confirm that the connection will not be removed as a result of the proposed short term
network change.
I would be grateful if you would confirm that subject to the above DRS would have no objection to the
proposed disposal of Inverurie.
Regards
DRS response date: 15/8/2013
Nice to talk, I can confirm subject to the aforementioned that Direct Rail Services have no objections
to the proposed land disposal at Inverurie.
Regards
14) DB Schenker – Pawel Nowak
Response date: 11/6/2013
In principle, DB Schenker has no objection to the disposal at Inverurie as described, subject to NR
completing other linked processes including identifying and seeking rail freight industry approval for
replacement Strategic Freight Site facilities.
Yours,
Response to Additional Consultation. Date: 21/8/2013
I am advised that DB Schenker regards this proposal as part of a package which has to be
considered as a whole, so we cannot yet give a final view on this element of it until all other aspects
are concluded.
15) Captrain UK
Response date: 10/6/2013
Please accept my apologies for the delay – we have no comments.
Regards.
Captrain UK Ltd
Response to Additional Consultation. Date:
16) Freight Transport Association
Response date:
We have no comment.
_______________________________
Freight Transport Association
Response to Additional Consultation. Date: 18/9/2013
Apologies we have no comment.
17) Freightliner Ltd
Response date: 15/5/2013
Dear
Freightliner has no objections to this proposal, in view of the agreed replacement sites at Montrose
and Huntly.
Regards
Response to Additional Consultation. Date: 25/7/2013
Dear
My comments are as follows -
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8927112 8927112
1. There was no previous mention made of the poor track condition when the SSFS
replacement was discussed at the last SFS meeting – I understand that this has only come to
light since that meeting.
For this reason we have to Object to the proposals if the FOCs would have to bear excessive
rail infrastructure costs to bring the sites at Montrose and Huntly back into use. By way of
comparison, I believe that Inverurie was in fair useable condition before it was taken out of
use (for disposal).
2. We object to this - NR can propose Short Term NC if it likes, but we will not pay
reconnection costs as the rail infrastructure become Network once DBS surrenders the lease
(and NR should have been maintaining the connections anyway, presuming these sites were
of course both active Nominated Locations when DBS surrendered the leases ?).
How about a suggested alternative SSFS – Elgin (assuming DBS are no longer interested in using it).
What condition is it in ?
Regards
NR response date: 14/8/2013
I have received confirmation from our track maintenance engineers that the mainline connections into
both Huntly and Montrose are regularly maintained by Network Rail.
I can also confirm that the connection will not be removed as a result of the proposed short term
network change.
I would be grateful if you would confirm that subject to the above DRS would have no objection to the
proposed disposal of Inverurie.
Regards
Freightliner response date: 23/8/2013
Dear
I can confirm that Freightliner now has no objection to disposal of Inverurie, on the basis that the
connections into Montrose and Huntly are (and will continue to be ) maintained by Network Rail.
Regards
NR response date: 23/8/2013
Thanks
I can confirm that Network Rail will continue to maintain the main line connections into both Huntly
and Montrose yards.
Regards
18) GB Railfreight Ltd
Response date: 17/5/2013
I can confirm that GB Railfreight Ltd has no objection to the proposed land disposal at Inverurie as
detailed in your email and attachments of 14/05/13, SUBJECT to any agreement or conditions
imposed by the NRIL / Industry Group (10% club) that deals with the disposal or alteration of Strategic
Freight Sites.
Regards
GBRf
NR Response date: 17/5/2013
Thank you very much for your response.
th
At the Strategic Freight Site Meeting held on 19 March 2013 it was designate Huntly and Montrose
as SSFS in substitution for Inverurie. A copy of the meeting minutes is attached.
I can confirm that Inverurie will not be disposed of until this swap and the designation of Huntly and
Montrose has taken place.
Please confirm that this would satisfy your concern.
Regards
GB Railfreight Response date: 17/5/2013
Yes, provided the alternative sites are designated then GB Railfreight has no objection.
Regards
Response to Additional Consultation. Date:
19) Rail Freight Group
Response date: 14/5/2013
Page 23 of 27
8927112 8927112
xxxx thanks for this. I have checked with xxxx, our Scottish representative, and on the basis of the
replacement Supplementary strategic freight sites being established we do not have any objection to
this disposal,
Thanks and regards
Rail Freight Group
Response to Additional Consultation. Date: 24/7/2013
I presume these terms are in common with those for other supplementary sites? I should know this
but can’t just recall,
NR Response date: 25/7/2013
Network Rail puts locations not used for several years and with no imminent prospect of traffic
through the STNC process irrespective of whether they are a Network Rail yard, a Strategic Freight
Site or a Supplementary SFS.
Huntly and Montrose were not taken through the STNC process previously as since they were
managed by DBS.
Regards
RFG Response date: 28/7/2013
Thanks. If it’s in line with standard procedure then fine with us.
20) West Coast Railway Company
Response date: 20/6/2013
no comments
WCR
Response to Additional Consltation. Date:
21) WH Malcolm
Response date: 15/5/2013
I confirm WH Malcolm has no objection to the proposal.
W H Malcolm
Response to Additional Consultation. Date: 25/7/2013
I confirm WH Malcolm has no objection to the proposal.
22) Association of Community Rail Partnerships
Response date: 30/5/2013
ACoRP have no objection to this proposal.
Regards
Association of Community Rail Partnerships
Response to Additional Consultation. Date: 8/8/2013
ACoRP have no objection to this disposal.
Regards
Association of Community Rail Partnerships
22) British Transport Police
Response date: 31/5/2013
No issue for us.
Response to Additional Consltation. Date: 8/8/2013
Afternoon
No immediate concerns as long as the both yards are left without any valuable to entice theft and
are secure.
Regards
23) DP World
Response date: 14/5/2013
No Comment.
DP World - London Gateway
Response to Additional Consltation. Date: 24/7/2013
Page 24 of 27
8927112 8927112
I confirm, still no comment.
24) Passenger Focus
Response date: 24/5/2013
Thank you for sending Passenger Focus details of the proposal to dispose of land at Inverurie station.
They note that:
the land is a freight terminal that has been unused since 2004;
it is to be used for a road, and station interchange and car park;
170 car park spaces, an increase of 66, plus 12 disabled spaces, will be provided;
taxi and bus stands will be provided;
Network Rail and ScotRail have to agree the design of the interchange;
the land for the road will be sold, that for the interchange and car park leased, so that the railway
can control its use as a facility for rail passengers;
disposal is expected to be complete by March 2014.
Passengers will expect that the sale particulars require that the works cause the least possible
disruption to station users. When complete the proposed works will greatly improve accessibility for
passengers; Passenger Focus therefore does not object to the proposal.
Regards,
Response to Additional Consultation. Date: 30/8/2013
Thank you for the additional information regarding the freight yards at Huntly and Montrose that are
proposed as replacement Supplementary Strategic Freight Sites for Inverurie. They note that the
scheme at Inverurie is not directly affected by the proposals regarding the two yards; consequently
their reply dated 24/5/13 is unchanged, still “no objection”.
Regards,
25) Aberdeenshire Council
Response date; 10/6/2013
Dear
I can confirm that Aberdeenshire Council has no concerns or objection to the land interests
proposed for disposal.
The Council supports the redevelopment of this land as a transport interchange and
associated access roads at Inverurie Railway Station.
Regards
Response to Additional Consultation. Date: 24/7/2013
Thank you for this further information.
I can confirm that this does not change Aberdeenshire Council's response.
Regards
26) NESTRANS
Response date: 4/6/2013Please see attached response regarding Inverurie freight yard. This will be
reported to Nestrans Board on 12th June for ratification – I will let you know if the members ask for
any amendments or additional comments.
If you require any further information, please do not hesitate to contact me
Regards
Nestrans
Response to Additional Consultation. Date: 24/7/2013
We are still content with our previous response.
Page 25 of 27
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Annex 2 – Network Rail’s Consultation emails
From:
Sent: 24 July 2013 10:47
To:
Cc:
Subject: RE: Inverurie, Aberdeenshire - Consultation on proposed land disposal
Dear consultee,
th
I refer to the consultation on the proposed disposal at Inverurie dated 14 May 2013.
Please note the following additional information relating to the two freight yards at Huntly and
Montrose that are proposed as replacement Supplementary Strategic Freight Sites:
1)
NR proposes to undertake Short Term Network Change to temporarily close both Huntly and
Montrose once DBS have surrendered their leasehold interest. This is proposed on safety
grounds as the yards are currently not fit for immediate use.
2)
It will be necessary for any freight operating company wishing to bring either site back into
use to fund any work required to reinstate the mainline connection and bring the track and/or
rail infrastructure within the yard into working order.
I would be grateful if you could confirm that this additional information does not change your response
to this consultation.
Regards
Property
Buchanan House
58 Port Dundas Road
Glasgow, G4 0LQ
T
M
E @networkrail.co.uk
www.networkrail.co.uk/property
From:
Sent: 14 May 2013 15:03
To:
Cc:
Subject: Inverurie, Aberdeenshire - Consultation on proposed land disposal
Dear consultee,
Property: Inverurie, Aberdeenshire
We seek to consult you as regards your views, please, on our proposed disposal by way of
freehold sale and grant of a long lease to Aberdeenshire Council.
We attach a draft application form to the Office of Rail Regulation which, with its related
plans, explains the proposal in detail. Subject to the outcome of our consultation, we may
make a formal application to ORR for consent to make the disposal under the terms of our
network licence land disposal condition. We would expect to make an application based on
this form, updated in the light of consultation responses.
Alternatively, if in the light of the consultation responses, the proposed disposal would qualify
to be made under ORR’s general consent, we may complete it accordingly.
ORR reviewed our land disposal arrangements so that from 1 April 2008, ORR will no longer
launch any separate consultations when we apply for consent to dispose of land. The
arrangements are that we will consult and report the results to ORR in conjunction with our
application. It is therefore important that we have your views, so that these may be
considered in ORR’s decision.
We request your comments, please, by 11th June 2013 (including any “no comment”
response). It would be helpful if your response is provided by email.
Page 26 of 27
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If you have any queries as regards this proposal, please direct them to xxxx, tel. or
@networkrail.co.uk If future consultations of this nature should be directed differently to
your organisation, please advise us of the appropriate contact details, so we may amend our
records.
Yours faithfully,
Property
Buchanan House
58 Port Dundas Road
Glasgow, G4 0LQ
T
M
E @networkrail.co.uk
www.networkrail.co.uk/property
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